05a50943
07-12-2005
Donald H. Priester, Complainant, v. Samuel W. Bodman, Secretary, Department of Energy, Agency.
Donald H. Priester v. Department of Energy
05A50943
July 12, 2005
.
Donald H. Priester,
Complainant,
v.
Samuel W. Bodman,
Secretary,
Department of Energy,
Agency.
Request No. 05A50943
Appeal No. 01A43164
Agency Nos. 94(101)HA/ER; 00(57)HQ/SC; 03-4925-HQ
DENIAL
Donald H. Priester (complainant) timely requested reconsideration
of the decision in Donald H. Priester v. Department of Energy, EEOC
Appeal No. 01A43164 (May 10, 2005). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to reconsider any
previous Commission decision where the requesting party demonstrates that:
(1) the appellate decision involved a clearly erroneous interpretation
of material fact or law; or (2) the appellate decision will have a
substantial impact on the policies, practices, or operations of the
agency. See 29 C.F.R. � 1614.405(b).
In his request, complainant maintains that the agency breached a January
28, 2003 agreement into which he and the agency's Office of Science
entered. Specifically, complainant indicates that the agency failed
to issue a $1,000,000 research grant to Historically Black Colleges and
Universities (HBCU) in his name under that agreement. Complainant also
claims that as a result of the alleged breach, he was humiliated in front
of his professional colleagues and his prospects for future employment
were damaged.
Upon review, the Commission finds that since the January 28, 2003
agreement did not resolve any EEO claims, his breach claim is beyond
the Commission's jurisdiction. Furthermore, although complainant
argues in his request that he was humiliated by the agency's failure
to issue $1,000,000 in research grants to HBCUs, the Commission has
no jurisdiction over his non-EEO agreement. Thus, complainant's claim
regarding the agency's failure to implement his non-EEO agreement was
properly dismissed for failure to state a claim pursuant to 29 C.F.R. �
1614.107(a)(1).
After reconsidering the previous decision, and the entire record,
the Commission finds that the request fails to meet the criteria of
29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A43164 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
July 12, 2005
__________________
Date